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Results for ERA

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EMA's case for regulating employment advocates is not evidence-led

A critique of the Employers and Manufacturers Association case for new regulation of employment advocates, focusing on whether the publicly identified evidence demonstrates widespread advocate-specific consumer harm.

Matched passage: The ERA's costs framework expressly recognises settlement offers as a factor capable of affecting costs.
Employment Court procedure: competence problems are not confined to advocates

Employment Court procedural failures are sometimes attributed to non-lawyer advocates, but this article examines reported examples showing that competence and compliance problems can also arise with lawyers and represented parties.

Matched passage: The Authority determinations included: Corrigan v Prime Focus Security Limited [2023] NZERA 125 , [2023] NZERA 253 , [2024] NZERA 448 , and [2024] NZERA 556 .
Suspension at work and when it becomes a Personal Grievance (NZ)

When workplace suspension is justified, the consultation and contractual issues employers should consider, and how an unnecessary or unfair suspension can become a separate unjustified-disadvantage grievance.

Matched passage: Links: s 103A (justification test) and s 4 (good faith) Important: s 103A requires an overall assessment.
Serious misconduct in NZ employment law - how to classify it (and why it matters more after 21 Feb 2026)

A practical framework for distinguishing ordinary misconduct from serious misconduct after the 2026 remedy amendments, with emphasis on the contractual standard, the facts proved and proportionality.

Matched passage: If you can show the employer labelled something as "serious misconduct" when it was not rational to do so, you often get leverage: leverage on justification, leverage on process, and now (post-2026) leverage on remedies.
Section 149 Settlement Agreements: Avoiding Drafting Conflicts

A drafting problem in a mediated s 149 settlement where clauses about when agreement became binding did not align with a separate requirement for mediator sign-off, creating an avoidable enforcement dispute.

Matched passage: It read as if the document could operate on a different basis, creating ambiguity about when and how the settlement became effective.
Incentivised Google Reviews and Prize Draws: Google Policy and NZ Consumer Law

How prize draws, discounts or other incentives for Google reviews can create problems under Google's review policies and New Zealand consumer law, especially where incentives are hidden or tied to positive sentiment.

Matched passage: Whether a particular review campaign breaches the Act depends on the facts and the overall impression created for consumers.
Shine Lawyers v No Win No Fee Kiwi Limited - IPONZ revocation proceeding (discontinued)

Shine Lawyers applied to IPONZ to revoke No Win No Fee Kiwi Limited's registered 'No Win No Fee Kiwi' trade mark for non-use while pursuing its own 'No Win, No Fee No Nonsense' applications. No Win No Fee Kiwi filed a counterstatement and evidence of use.

Matched passage: Section 66(1)(c) - "common name" (the claim being that the mark has become a common name in general public use).

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